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LAW OF THE REPUBLIC OF BELARUS

of April 17, 1992 No. 1596-XII

About provision of pensions

(as amended on 29-06-2020)

Section I. General provisions

Article 1. The right of citizens in the Republic of Belarus on the state provision of pensions

The citizens of the Republic of Belarus who are constantly living in the Republic of Belarus in case of observance of the conditions provided by this Law have the right to the state provision of pensions by them.

On an equal basis with citizens of the Republic of Belarus the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus in case of observance of the conditions provided by this Law have the right to the state provision of pensions by them if other is not established by legal acts.

The state provision of pensions of citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are living outside the Republic of Belarus and having length of service with payment of compulsory insurance premiums in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund), is performed on the basis of international treaties of the Republic of Belarus.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 2. Provision of pensions of the military personnel, faces of the commanding and ordinary structure and members of their families

Conditions, regulations and procedure for provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee, the State committee of judicial examinations, bodies and divisions on emergency situations and bodies of financial investigations of the State Control Committee (further if other is not provided by this Law, - faces of the commanding and ordinary structure), and also members of their families are regulated by the Law of the Republic of Belarus of December 17, 1992 No. 2050-XII "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies and divisions on emergency situations and bodies of financial investigations".

Military personnel, persons of the commanding and ordinary structure and members of their families are granted also the right to purpose of pensions on the bases provided by this Law. At the same time all types of cash allowance of the military personnel, faces of the commanding and ordinary structure are considered on an equal basis with the salary of workers in the republic.

Article 3. Provision of pensions of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents, and members of their families

Provision of pensions of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents and members of their families is performed taking into account the conditions and regulations provided by the Law of the Republic of Belarus of January 6, 2009 "About social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 2/1561).

Article 3-1. Provision of pensions of government employees

Provision of pensions of government employees is performed taking into account the conditions and regulations provided by the Law of the Republic of Belarus of June 14, 2003 No. 204-Z "About public service in the Republic of Belarus" and other legal acts.

Article 3-2. Provision of pensions for work with special working conditions and in connection with employment separate types of professional activity

Provision of pensions for work with special working conditions and in connection with employment separate types of professional activity is performed taking into account the conditions and regulations provided by the Law of the Republic of Belarus of January 5, 2008 No. 322-Z "About professional pension insurance".

Article 4. Types of pensions

Under this Law are appointed:

a) work pensions:

on age;

on disability;

on the occasion of loss of the supporter;

for long service;

for special merits before the republic;

b) social pensions.

Article 5. Persons having pension entitlement

Persons who during the periods of work, business, creative and other activity were subject to the national social insurance and for them have the right to work pension, and also they in cases, stipulated by the legislation about the national social insurance, paid compulsory insurance premiums to the budget of fund, and their family in case of observance of other conditions provided by this Law. At the same time the right is granted:

on work retirement pension according to articles 11-13 and 15 of this Law and for long service according to articles 47-49-2 of this Law - in the presence of length of service with payment of compulsory insurance premiums in the budget of fund at least 15 years 6 months. Since January 1, 2017 the specified length of service annually since January 1 increases for 6 months to achievement of 20 years;

on work retirement pension according to the Items "a"-"v" of Article 22-1 and article 24-1 of this Law – in the presence of length of service with payment of compulsory insurance premiums in the budget of fund at least 10 years;

on work retirement pension according to the Item "g" of article 22-1 of this Law to persons who before achievement of generally established retirement age were disabled people of I and (or) II groups from 10 to 20 years, - with decrease in the length of service required according to the paragraph the second this part with payment of compulsory insurance premiums in the budget of fund for 6 months for each complete year of stay on disability of I and (or) II groups;

on work retirement pension according to Articles 17-22, the Item "g" of article 22-1 of this Law to persons who before achievement of generally established retirement age were disabled people of I and (or) II groups at least 21 years, - in the presence of length of service with payment of compulsory insurance premiums in the budget of fund at least 5 years.

The citizens who are not receiving work pension and (or) pension from other states according to international treaties of the Republic of Belarus have the right to social pension on the conditions provided by this Law.

Article 6. Pension option

Persons having at the same time the right to various national pensions, including early professional pension by the legislation on professional pension insurance (further - early professional pension), on monthly monetary pay by the legislation on public service (further - monthly monetary pay), are granted at their choice one pension or monthly monetary pay. At the same time the pension which is not connected with labor accident or occupational disease, or monthly monetary pay are appointed irrespective of receipt of monthly insurance payment by the legislation on compulsory insurance from labor accidents and occupational diseases (further - monthly insurance payment).

Article 7. Request for award of pension

The request for award of pension can be performed after emergence of pension entitlement without restriction with any term at any time.

Article 8. Funds for pension payment

Payment of the work pensions granted according to this Law is performed from budget funds of fund. At the same time:

expenses on pension payment on age for work with special working conditions or long-service pension are compensated to person which did not reach generally established retirement age for the account of the means created (created) within professional pension insurance within the amount considered on special part of individual personal account of this person in system of the national social insurance;

expenses on pension payment on the disability connected with labor accident or occupational disease and pensions on the occasion of loss of the supporter owing to the specified reasons for persons having the right to monthly insurance payment (when cases of indemnification are resolved since July 1, 1999), are compensated in the budget of fund at the expense of means of compulsory insurance from labor accidents and occupational diseases;

expenses on increase in pension according to the Item "d" are refunded to part one of article 68 of this Law at the expense of means of the republican budget;

expenses on pension payment on age according to the Items "and" and "b" of article 22-1 of this Law in the part which is not caused by the length of service which is available for the pensioner with payment of compulsory insurance premiums in the budget of fund are compensated at the expense of means of the republican budget;

expenses on pension payment on age according to article 24-1 of this Law in the amount of social pension, established by the paragraph the sixth parts one of article 73 of this Law, are compensated at the expense of means of the republican budget.

Payment of the social pensions provided by this Law is performed at the expense of means of the republican budget.

Article 9. The bodies performing provision of pensions, their interaction with state bodies, other organizations

Provision of pensions under this Law is performed by managements (departments) of work, employment and social protection of city, district executive committees, managements (departments) of social protection of local administrations of areas in the cities (further – the bodies performing provision of pensions).

The bodies performing provision of pensions, on a grant basis:

exchange the data necessary for pension purposes with state bodies, other organizations;

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